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South Dakota Public Utilities Commission Meeting
February 12, 2026, at 1:30 p.m. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairman Chris Nelson called the meeting to order. Present were Commissioner Kristie Fiegen; Commission Attorney Kristen Edwards; Staff Attorneys Jennie Fuerst and Amanda Reiss; Staff Analysts Darren Kearney and Jon Thurber; and Administrative Staff Janeth Merriman.
Also present were Pam Bonrud, NorthWestern Energy; Lisa Agrimonti, Fredrikson & Byron, P.A. representing Philip Wind Partners, LLC and Basin Electric Power Cooperative; Brianna Griese, Alex Chandler, Philip Wind Partners, LLC; and Ryan King, Basin Electric Power Cooperative.
Joining the meeting by telephone were Commissioner Gary Hanson; Consumer Affairs Manager Deb Gregg; Mary Zanter, Pipeline Safety Program Manager; Sydney Dobrzynski and Michelle Philips, Invenergy LLC; Cathy Sabers, Black Hills Service Company, LLC; Sarah Norcott, Melissa Baruth and Michael Baumgarn, NorthWestern Energy; and William Taylor, Taylor Law Firm, P.C. representing Laborers Local 620, the Great Plains Laborers District Council and the Laborers International Union of North America.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, February 12, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc02122026.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
1. Approval of the Minutes of the Commission Meeting Held on January 27, 2026 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Meeting Held on January 13, 2026. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 73 contacts since the last report was prepared for the January 27, 2026, Commission meeting.
Nine contacts were related to telecommunications services, 37 contacts were related to electric services, five contacts were related to natural gas services, two contacts were related to wireless services, two contacts were related to the Do Not Call Registry and unwanted calls, one contact was related to wind energy, and 17 contacts were related to issues not regulated by the PUC.
130 of the 139 contacts received in 2026 have been resolved.
Electric
1. EL25-029 In the Matter of The Application by Philip Wind Partners, LLC, for Energy Facility Permits of a Wind Energy Facility and a 230 KV Transmission Facility In Haakon County, South Dakota for The Philip Wind Project (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Philip Wind Partners, LLC, asked that the Commission approve the Joint Motion for Approval of Settlement Stipulation and issue a permit to construct the Project. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the Joint Motion with terms and conditions as set forth in the Settlement Stipulation filed on January 30, 2026. In response to questions from Commissioners, the parties agreed on the record to accept a requested addition to the parties’ stipulated permit conditions. This addition to Condition 39 provides that the Commission may request additional reports regarding the performance of the Project’s Aircraft Dectection Lighting System (ADLS).
A lengthy discussion took place for docket EL25-029. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2026, February 12, 2026, recording located at: https://puc.sd.gov/commission/media/2026/puc02122026.mp3.
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation, subject to the terms and conditions as set forth in the Settlement Stipulation, with the inclusion of the additional language regarding the ADLS reports as verbally agreed to by the parties, and issue the requested permits to construct the Philip Wind Project and the 230 kV Transmission Line. Motion carried 3-0.
2. EL25-030 In the Matter of the Application by Basin Electric Power Cooperative for Energy Facility Permit for a 230 KV Transmission Facility In Haakon County, South Dakota (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Basin Electric Power Cooperative, asked that the Commission approve the Joint Motion for Approval of Settlement Stipulation and issue a permit to construct the Project. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the Joint Motion with terms and conditions as set forth in the Settlement Stipulation filed on February 4, 2026.
Commissioner Nelson moved to grant the Joint Motion for Approval of Settlement Stipulation, subject to the terms and conditions as set forth in the Settlement Stipulation and issue a permit to construct the Project. Motion carried 3-0.
Gas & Electric
1. GE25-001 In the Matter of the Joint Application of NorthWestern Energy Public Service Corporation, Black Hills Corporation and NorthWestern Energy Group, Inc., for Approval of Merger (Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, Eric Paulson; Staff Attorneys: Jennie Fuerst, Logan Schaefbauer)
Ms. Sarah Norcott, NorthWestern Energy, asked that the Commission grant the unopposed joint motion and stipulation to extend the statutory deadline and waiver of response time. Cathy Sabers, Black Hills Service Company, William Taylor, Taylor Law Firm, P.C. representing Laborers Local 620, the Great Plains Laborers District Council and the Laborers International Union of North America, and Jennie Fuerst, staff attorney, did not object to the company’s request. Ms. Norcott responded to Commissioners’ questions. The parties noted their agreement that the deadline in this matter would be extended to July 27, 2026, due to the ninetieth day falling on a Sunday, and that the deadline would be met by the Commission’s final vote in this matter, rather than the Commission’s final written decision.
Commissioner Nelson moved to grant the Unopposed Joint Motion and Stipulation to Extend the Statutory Deadline and Waiver of Response Time. Motion carried 3-0.
Pipeline Safety
1. PS26-001 In the Matter of the Filing by Commission Pipeline Safety Staff regarding an Inspector Incident Investigation on NorthWestern Energy Public Service Corporation dba NorthWestern Energy’s System (Pipeline Safety Staff: Mary Zanter, Boice Hilmer; Staff Attorney: Amanda Reiss)
Ms. Mary Zanter, Pipeline Safety Program Manager, asked that the Commission accept the incident report pursuant to ARSD 20:10:37:13.Ms. Melissa Baruth, NorthWestern Energy, and Ms. Zanter responded to Commissioners’ questions.
Commissioner Hanson moved to accept the Incident Report pursuant to ARSD 20:10:37:13. Motion carried 3-0.
There being no further business, at the hour of 2:27 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
February 12, 2026
